Public utility at the service of private interests

Abstract

In this paper we make a brief reflection on the recent changes that have taken place on the use and definition of ‘public utility’ notion from the Mexican State’s legislation, as well as it’s entailment with private and foreign capital’s insertion in extractive industry activities. ‘Public utility’ will not be developed only from a juridical approach, but from a sociopolitical sight that shows the current way in which this notion -in it’s law uses- represents an example of the paradigmatic neoliberal turn. A shift that has opened the national natural resources management to the private profit, legitimizing this turn under a supposed general interest. This country’s regulatory framework changes are part of a latinoamerican and global tendency of State’s role transformation. They also, have implied the complete dismantlement of the juridical net and the social mediations that had been created inside the former post-revolutionary Mexican State. This has radically disturb the command/obedience relations between communities and State.